Appeal from an order of the Court of Claims (Collins, J.), entered June 22, 2009, which, among other things, granted defendant's cross motion for summary judgment dismissing the claim.

Claimant alleges, among other things, false imprisonment and negligence arising from the imposition of postrelease supervision by the Department of Correctional Services, rather than by the sentencing court, and her subsequent incarceration for violating the terms of her release. Recent decisions have held that the Department's acts in confining individuals similar to claimant, "although in excess of its jurisdiction, are privileged" (Nazario v State of New York, 75 AD3d 715, 718 [2010], lv denied ___ NY3d ___ [Oct. 21, 2010]; see Carollo v State of New York, 75 AD3d 736, 737 [2010], lv denied ___ NY3d ___ [Oct. 21, 2010]; Donald v State of New York, 73 AD3d 1465, 1467 [2010], lv denied ___ NY3d ___ [Oct. 1, 2010]; Collins v State of New York, 69 AD3d 46, 52-53 [2009]; see also Scott v Fischer, 616 F3d 100, 107-108 [2d Cir 2010]). Based on those decisions, we affirm the order of the Court of Claims granting defendant's motion for summary judgment dismissing the claim.

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.